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Drunk Driving laws - Information on the law about Drunk Driving

yrs days jail bac

Penalties for drunk driving continue to become tougher over the years as the cost of this dangerous behavior rises. Reckless alcohol consumption among young people has also risen markedly, and it has been met with sharp intolerance. There are often lower legal limits for minor drivers and longer driver's license suspensions.

Drunk driving, driving while intoxicated (DWI), or driving under the influence (DUI), is typically determined by the alcohol content found in the driver's blood. Blood alcohol content (BAC) may be determined in two ways: through breath analysis or urinalysis. All but three states have lowered the legal limit of blood alcohol content from 0.10 to 0.08 percent. Also, thirty-four states have passed laws lowering the BAC to 0.02 percent or no amount for drivers under 21. Twelve states have also set a separate limit at 0.04 percent for commercial vehicle drivers.

Penalties for drunk driving are severe in most states. Virtually every state suspends the driver's license on a first offense, and the length of suspension increases sharply with each successive offense. There is, however, a great deal of variation in the lengths of suspension of driving privileges among the states. Several states include revocation on the third or fourth offense.

The newest development in the laws of drunk driving concern court-ordered attendance at an alcohol abuse rehabilitation program upon conviction for driving while intoxicated. Most have some sort of rehabilitation requirement for problem drinkers and drivers.

Table 9: Drunk Driving

State Code Section BAC Legal Limit Rehabilitation Required? Driver's License Suspension? Other Penalties
ALABAMA 32-5A-191 .08% BAC; under 21 or school bus or day care driver on duty: .02% Yes on first offense; DUI court referral program approved by state 1st offense: 90 days; 2nd: 1 yr.; 3rd: 3 yrs.; 4th or subsequent: 5 yrs. 1st: imprisonment up to 1 yr. and/or $600-$2100; 2nd within 5 yrs.: up to 1 yr. including mandatory min. sentence of 5 days jail or min. 30 days community service $1100-$5100; 3rd: min. 60 days, max. 1 yr. and $2100-$10,100; 4th or subsequent within 5 yrs.: felony conviction, min. 1 yr. and 1 day, max. 10 yrs. and $4100-$10,100
ALASKA 28.35.030; 28.15.181 .08% BAC as determined by test taken within 4 hours of offense Yes, must satisfy screening, evaluation, referral, and program requirements of agency authorized by state to provide rehabilitative treatment; while in prison or as a condition of parole a court may order the administration of drugs intended to prevent the consumption of alcoholic beverages. 1st: 90 days min.; 2nd: 1 yr. min.; 3rd: 3 yrs. min., 4th or subsequent: 5 yrs. min. 1st: min. 72 hrs. and min. $1500; 2nd: min. 20 days and min. $3000; 3rd: min. 60 days and min. $4000; 4th min. 120 days and min. $5000; 5th min. 240 days and min. $6000; 6th and subsequent: min. 360 days and min. $7000; while imprisoned: 1st: 24 hrs. of community service; 2nd: 160 hrs. of community service  
ARIZONA 28-1381, et seq. .08% BAC within 2 hrs. of driving or being in actual physical control of vehicle; commercial vehicle drivers: .04% BAC Yes, alcohol abuse screening session by screening or treatment facility approved by health services; alcohol abuse classes or approved treatment facility if necessary 1st: 90 days; 2nd within 5 yrs. or within 1 yr. of similar conviction in another state: revocation for 1 yr. and required to equip all vehicles with a certified ignition interlock device for period determined by the court. 1st: min. 10 days or 24 hrs. (if court ordered program completed) and min. $250 and court determined community service; 2nd within 60 months or 1 yr. of similar conviction in another state: min. 90 days or 30 days if court ordered program completed and min. $500 and court determined community service

Table 9: Drunk Driving—Continued

State Code Section BAC Legal Limit Rehabilitation Required? Driver's License Suspension? Other Penalties
ARKANSAS 5-65-103, et seq. .08% BAC as determined by test Alcohol education program prescribed and approved of by Arkansas Highway Safety Program or alcoholism treatment program approved by Division of Alcohol and Drug Abuse Prevention 1st: 120 days; 2nd within 5 yrs.: 24 mos. or 1 yr. min. if court orders issuance of ignition interlock restricted license; 3rd within 5 yrs.: 30 mos. or 1 yr. min. if court orders issuance of ignition interlock restricted license; 4th or subsequent within 5 yrs.: revocation for 4 yrs. 1st: 1 day to 1 yr. in prison, court can order community service in lieu of jail; 2nd: 7 days to 1 yr. in prison or minimum of 30 days community service; 3rd: 90 days to 1 yr. in prison or minimum of 90 days community service; 4th: 1 yr. to 6 yrs. in prison or minimum of 1 yr. community service; 5th or subsequent: 2 yrs. to 10 yrs. in prison or minimum of 2 yrs. community service. Fines (5-65-112) 1st: $150–$1000, 2nd: $400–$3000, 3rd or subsequent: $900–$5000.
CALIFORNIA Veh. §§23152, et seq., §13352, §§23536, et seq., §23580 .08% BAC at time of driving as determined by chemical test within 3 hrs. of driving (rebuttably presumed that percentage at time of driving was equal to or more than at time of test); commercial vehicle driver: .04% BAC Yes: must participate in a driving-underthe-influence program in driver's county of residence or employment 1st: 6 mos., or if probation granted, could be 90 days with exception of traveling to work and rehab program; 2nd: 2 yrs., after 12 mos. a restricted license may be granted upon enrollment in an 18 or 30 month licensed program; 3rd: 3 yrs., after 24 mos. a restricted license may be granted upon completion of an 18 or 30 month authorized program; 4th: 4 yrs., after 24 mos. a restricted license may be granted upon completion of an 18 or 30 month authorized program 1st: 96 hrs. to 6 mos. prison (48 hrs. continuous) and $390-1000; 2nd within 7 yrs.: 90 days to 1 yr. (48 hrs. continuous or 10 days min. community service) and $390-1000; 3rd within 7 yrs.: 120 days to 1 yr. and $390-$1000 and designation as habitual traffic offender for 3 yrs.; 4th within 7 yrs.: 180 days to 1 yr. and $390-1000 and designation as habitual traffic offender for 3 yrs. Note: penalties increase if violations include bodily injury.

Table 9: Drunk Driving—Continued

State Code Section BAC Legal Limit Rehabilitation Required? Driver's License Suspension? Other Penalties
COLORADO 42-4-1301; 42-2-129; 42-2-132 .10% BAC at the time of driving or within 2 hrs. after driving (if there was between .05% and .10% BAC, presumption is that driver was impaired); under age 21: .02% BAC within 2 hrs. of driving Yes, alcohol and drug driving safety programs in each judicial district provide presentence alcohol and drug evaluations and recommend treatment 1 yr. 1st: 5 days to 1 yr. and court may fine $300-1000 and 48-96 hrs. useful public service; 2nd within 5 yrs.: 90 days to 1 yr. and court may fine $500-1500 and 60-120 hrs. useful public service; 3rd within 5 yrs.: 70 days to 1 yr. and court may fine $450-1500 and 56-112 hrs. of useful public service and designation as habitual offender
CONNECTICUT 14-227a .08% BAC at time of offense Court may order participation in alcohol education and treatment program in addition to any fine or sentence 1st: 1 yr.; 2nd: 3yrs. or until 21st birthday, whichever longer; 3rd: permanently 1st: $500-1000 and jail up to 6 mos. (minimum 48 consecutive hrs.) or probation including 100 hrs. community service; 2nd within 10 yrs.: $1000-4000 and jail up to 2 yrs. (minimum 120 days consecutive) and probation including 100 hrs. community service; 3rd within 10 yrs.: $2000-8000 and jail up to 3 yrs. (minimum 1 of which is consecutive) and probation, including 100 hrs. community service
DELAWARE 21 §4177 .10% BAC as shown by test taken within 4 hours of offense (evidence of .05-.10% BAC raises no presumption of intoxication but may be used as factor in intoxication determination); under age 21: .02% BAC within 4 hrs. of driving Yes, shall include course of instruction and/or program of rehabilitation (1st offense may include max. of 6 mos. confinement); subsequent offense may include max. of 15 mos. confinement 1 yr., unless equipped with ignition interlocking device 1st: $230-1150 and/or 60 days-6 mos.; 2nd within 5 yrs.: $575-2300 and 60 days-18 mos.; 3rd within 5 yrs.: guilty of class G felony, $1000-3000, 1-2 yrs.; 4th or subsequent: guilty of class E felony, $2000-6000, 2-5 yrs.

Table 9: Drunk Driving—Continued

State Code Section BAC Legal Limit Rehabilitation Required? Driver's License Suspension? Other Penalties
DISTRICT OF COLUMBIA 50-2201.05, 50.2205.02 .08% BAC; .10% alcohol in urine (less than .03% BAC or .04% in urine is evidence of intoxication but no presumption of intoxication; greater than .05% BAC or .06% in urine constitutes prima facie case of intoxication); under age 21: no measurable amount of alcohol for blood, breath, or urine Yes, can request person enter diversion program Yes for unspecified time 1st: $200-300, 30 days; 2nd within 15 yrs.: $300-500, 5 days–1 yr. or 30 days community service; 3rd and subsequent within 15 yrs.: $1000-5000, 10 days–1 yr. or 60 days community service, Note: vehicle may be impounded
FLORIDA 316.193, 322.28 .08% BAC; .08% in breath Yes, required attendance at licensed substance abuse course, including psychological evaluation Revocation/suspension upon conviction; 1st: 180 days–1 yr.; 2nd within 5 yrs.: 5 yrs.; 3rd within 10 yrs.: 10 yrs.; vehicle impounded; 1st: 10 days; 2nd within 5 yrs.: 30 days; 3rd within 10 yrs.: 90 days 1st: $250-500 and jail up to 6 mos. and probation up to 1 yr. and community service of 50 hrs. minimum or $10 fine per hour not worked; 2nd within 5 yrs.: $500-1000 and jail up to 9 mos., min. 10 days; 3rd within 10 yrs.: 3rd degree felony $1000-2500 and jail up to 12 mos., min. 30 days; 4th: 3rd degree felony and min. $1000; if BAC exceeds .20%: 1st: $500-1000 and jail up to 9 mos.; 2nd: $1000-2000 and jail up to 12 mos.; 3rd: min. $2000

Table 9: Drunk Driving—Continued

State Code Section BAC Legal Limit Rehabilitation Required? Driver's License Suspension? Other Penalties
GEORGIA 40-5-63; 40-6-391; 40-5-62 .08% BAC within 3 hrs. of driving or being in actual physical control; commercial motor vehicle driver: .04% BAC; under age 21: .02% BAC within 3 hrs. of driving License reinstated upon completion of clinical evaluation and DUI Alcohol or Drug Use Risk Reduction Program approved by Department of Human Resources and pays fee of $210 or $200. 1st: 1 yr. (person may apply for reinstatement after 120 days if completed DUI Alcohol or Drug Use Risk Reduction Program and pays restoration fee); 2nd within 5 yrs.: 3 yrs. (can apply for reinstatement as noted under 1st offense); 3rd within 5 yrs.: 5 yrs. and considered habitual violator 1st: $300-1000 and 10 days to 12 mos. and min. 40 hrs. of community service; 2nd within 5 yrs.: $600-1000 and 90 days to 12 mos. and min. 30 days of community service; 3rd or subsequent: $1000-5000 and 120 days to 12 mos. (mandatory 10 days) and min. 30 days community service. For third or subsequent conviction, judge may suspend up to half of fine if defendant attends an alcohol or drug treatment program  
HAWAII 291-4, 5; 291E-61; 291E-61.5; 291E-3; 291E-64 .08% BAC or breath within 3 hrs. after the time of the alleged violation (no presumption for .05-.08% BAC, but may be used in intoxication determination); under age 21: any measurable amount of alcohol 1st: 14 hrs. minimum alcohol abuse rehab program including education and counseling or comparable program approved by court; subsequent: may be required pending evaluation by substance abuse counselor 1st: 90 days (court can make it 30 days total prohibition and 60 days only for work and rehab); 2nd: 1 yr. absolute prohibition; 3rd: 1-5 yrs. 1st: $150-1000 and/or min. 48 hrs.-5 days jail and/or 72 hrs. community service; 2nd within 5 yrs.: $500-1500, 240 hrs. community service or 5-14 days imprisonment (48 hrs. consecutively) 3rd within 5 yrs.: $500-2500 and 10-30 days jail (48 hrs. consecutively); 3rd and subsequent within 10yrs.: habitual offender, class C felony, 5 yrs. jail or probation (10 days jail)
IDAHO 18-8004, et seq. .08% BAC; under age 21, .02-.08% BAC; .20% BAC is considered excessive; commercial truck driver: .04% BAC Alcoholic evaluation (own expense) at approved facility; if necessary, an appropriate alcoholic treatment must be completed in addition to the rest of the sentence 1st: 30 days absolute, 60-150 days restricted privileges; 2nd within 5 yrs.: 1 yr. absolute suspension after release from confinement; 3rd within 5 yrs.: absolute suspension 1-5 yrs. and after 1 yr., only drive a vehicle with an ignition interlock system 1st: up to $1000 and/or up to 6 mos.; 2nd within 5 yrs.: up to $2000 and jail 10 days (1st 48 hrs. consecutive) to 1 yr.; 3rd within 5 yrs.: mandatory 30 days up to 5 yrs. and may be fined up to $5000 and felony conviction. Note: other states' prior convictions count. Also note: separate penalties are listed for minors (under 21 yrs. of age) with BAC less than .08%, and those convicted with excessive BAC (over .20%)

Table 9: Drunk Driving—Continued

State Code Section BAC Legal Limit Rehabilitation Required? Driver's License Suspension? Other Penalties
ILLINOIS 625 ILCS 5/11-501, et seq. .08% BAC; less than .05% at test: presumed not to be under the influence of alcohol; .05% .08% at test: no presumption of guilt but take it with other evidence; .08% at test: guilty; under age 21: 0.00% BAC Professional evaluation to determine if there is abuse problem and extent; defendant pays cost; program must be approved/licensed by Dept. of Alcohol and Substance Abuse Driving privileges revoked for indefinite period. 1st: Class A misdemeanor (if transporting someone under 16 yrs. of age: min. $500 and 5 days of community service in a program benefitting children); 2nd within 5 yrs.: mandatory min. 48 hrs. jail or min. 100 hrs. community service (if transporting someone under 16 yrs. of age: min. $500 and 10 days of community service in a program benefitting children); 3rd or subsequent: Class 3 felony, 1-3 yrs. prison (mandatory min. 48 hrs. and 30 hrs. community service if given probation)
INDIANA 9-30-5-1, et seq.; 9-30-10-4 .08% BAC; under age 21, .02-.10% No 1st: (or 2nd in more than 10 yrs.) 90 days to 2 yrs.; 2nd 5-10 yrs. ago: 180 days to 2 yrs.; 2nd within 5 yrs.: 1-2 yrs. if offense included bodily injury or death: 2-5 yrs. Note: any probationary periods include equipping motor vehicle with functioning certified ignition interlock device 1st: Class C misdemeanor; 2nd within 5 yrs.: min. 5 days jail or min. 80 hrs. community service in addition to Class D felony; 3rd within 10 yrs.: considered habitual violator

Table 9: Drunk Driving—Continued

State Code Section BAC Legal Limit Rehabilitation Required? Driver's License Suspension? Other Penalties
IOWA 321J.2, et seq. .08% BAC; under age 21, .02% BAC 1st: may be ordered to attend a course for drinking drivers; 1st if BAC is over .20% or 2nd: must undergo substance abuse evaluation prior to sentencing; 3rd offense or if evaluation recommends treatment: may be assigned to facility by director of corrections dept. Note that any portion of sentence for 2nd, 3rd, or subsequent offense may be served as inpatient treatment for alcoholism or drug addiction or dependency 1st: 180 days (if deferred or suspended sentence: 30-90 days); 2nd within 6 yrs.: 1 yr.; 3rd or subsequent: 6 yrs. (can apply for restoration after 2 yrs.) 1st: serious misdemeanor, $500-1000 and min. 48 hrs. jail; 2nd: aggravated misdemeanor, min. $1500-5000 and min. 7 days jail; 3rd and subsequent: Class D felony, min. $2500-7500 and 30 days to 5 yrs. jail
KANSAS 8-1008, 1014, 1567, 1567a .08% BAC within 2 hrs. of operating vehicle (if BAC is less than .08%, this may be considered with other evidence of intoxication); under age 21: .02% BAC 1st: person must enroll in alcohol and drug safety action education or treatment program; 2nd: must complete a treatment program for alcohol and drug abuse plus 60 days of restricted driving privileges (to and from work and alcohol program); 3rd: possible treatment program for alcohol/drug abuse 1st: 30 days and 330 days restricted; 2nd and subsequent: 1 yr., and, 1 yr. subsequent, driving with ignition interlock device; 5th or subsequent: permanent. Note: all revocations are reinstated at the above time periods only upon completion of alcohol and drug safety program 1st: Class B, nonperson misdemeanor, $500-1000 and 48 hrs.-6 mos. jail (within ct's discretion, up to 100 hrs. in public service); 2nd: Class A, nonperson misdemeanor, $1000-1500 and 90 days-1 yr. jail (may be sentenced to work release program after 5 days or house arrest after 48 hrs.); 3rd or subsequent: nonperson felony, $1500-2500 and 90 days-12 mos. jail (Note that in lieu of fines, $5 per community hour will be credited)

Table 9: Drunk Driving—Continued

State Code Section BAC Legal Limit Rehabilitation Required? Driver's License Suspension? Other Penalties
KENTUCKY 189A.010, et seq. .08% BAC (.05-.08% not considered a presumption of intoxication but considered with other evidence of intoxication); under age 21: .02% BAC within 2 hrs. of driving 1st offense: 90 day alcohol or substance abuse education or treatment program with assessment, defendant pay cost; 2nd within 5 yrs.: 1 yr.; 3rd or subsequent: 1 yr. (possible inpatient). Note that failure to complete program may constitute contempt 1st: 30-120 days; 2nd within 5 yrs.: 12-18 mos.; 3rd within 5 yrs.: 24-36 mos.; 4th within 5 yrs.: 60 mos.; (if person is under 18 yrs. of age: license revoked until he reaches 18 or the above relevant penalty, whichever is the longer revocation) 1st: $200-500 or 48 hrs. to 30 days jail and/or 2-30 days community labor; 2nd within 5 yrs.: $350-500 and 7 days to 6 mos. jail and may get 10 days to 6 mos. community labor in addition to jail term; 3rd within 5 yrs.: $500-1000 and 30 days to 12 mos. jail and may get 10 days to 1 yr. community labor in addition to jail term; 4th and subsequent within 5 yrs.: Class D felony. Note: all prior convictions include other states
LOUISIANA 14:98; 32:414 .08% BAC Court approved substance abuse program and court approved driver improvement program is a min. condition for all probation, parole, or suspension of sentence 1st: 90 days (can be restricted if necessary)-$100 reinstatement fee; 2nd: 1 yr.-$200 reinstatement fee; 3rd or subsequent: 2 yrs.-$300 reinstatement fee 1st: $300-1000 and 10 days to 6 mos. jail (possible suspension by attending program with minimal jail time or community service); 2nd: $750-1000 and 30 days to 6 mos. jail (possible suspension by attending program with minimal jail time or community service); 3rd: $2000 and 1-5 yrs. jail; 4th: hard labor 10-30 yrs. and $5000. Note that prior convictions include other states
MAINE Tit. 29A §2411 .08% BAC Yes, for 2nd and subsequent offense, defendant may be required to participate in a Weekend Intervention Program (or residential treatment program) administered by the Office of Substance Abuse 1st (with no previous drunk driving convictions): 90 days; 2nd within 10 yrs.: 18 mos.; 3rd within 10 yrs.: 4 yrs; 4th and subsequent: 6 yrs. All convictions are Class D crimes. 1st (with no previous drunk driving convictions): no less than $400 (if BAC was greater than .15%, was driving in excess of 30 mph over the speed limit, eluded officer, or had a passenger under 21 yrs. of age: add 48 hrs. of jail, if failed to submit the chemical test, 96 hrs.); 2nd within 10 yrs.: no less than $600 and 7 days jail; 3rd within 10 years.: no less than $1000 and 30 days. 4th and subsequent: class C crime, $2000 and 6 mos. jail. Note that penalties are more severe if they caused bodily injury

Table 9: Drunk Driving—Continued

State Code Section BAC Legal Limit Rehabilitation Required? Driver's License Suspension? Other Penalties
MARYLAND Annotated code of MD. Transp. 16-205; 16-212; 21-902; 27-101 .08% BAC Driver Improvement Program and Alcohol Education Program required 1st: 60 days; 2nd: 120 days If "Under the influence": 1st: up to $500, 2 mos. in jail; 2nd: up to $500 and 1 yr. in jail; "While intoxicated": 1st: up to $1000 and/or 1 yr. in jail; 2nd: up to $2000 and/or no more than 2 yrs. in jail; 3rd and subsequent: min. $3000 and/or min. 3 yrs. Note: offenses including bodily injury or death or fleeing/evading police involve stiffer penalties
MASSACHUSETTS Ch. 90 §24 .08% BA (<.05%, presumption is not under the influence; .05-.08% BAC, no presumption); under age 21:.02% 1st offense: appropriate to defendant with his/her consent as a condition of probation upon written finding that appropriate and adequate treatment is available to defendant and defendant would benefit and safety of public would not be endangered; minimum 14 days in residential alcohol treatment program (defendant pays cost) 1st: 1 yr.; 2nd: 2 yrs.; 3rd: 8yrs.; 4th: 10 yrs. (can apply for new license on grounds of hardship and registrar's discretion: 1st: within 3 mos.; 2nd: within 6 mos.; 3rd: within 2 yrs.; 4th: within 5 yrs.; 5th: revoked for life) 1st: $500-5000 or up to 2½ yrs. jail or both (jail time may be ordered by court to be served only on weekends, evenings, and holidays); 2nd within 10 yrs.: $600-10,000 and 60 days to 2½ yrs. jail; 3rd within 10 yrs.: $1000-15,000 and 180 days to 2½ yrs. jail or same fine and 2½ to 5 years state prison; 4th within 10 yrs.: $1500-25,000 and 2-2½ yrs. or same fine and 2½-5 yrs. state prison; 5th or subsequent: $2000-50,000 and 2½ yrs. or same fine and 2½-5 yrs. state prison
MICHIGAN MCLA 257.625 et seq. .08% BAC; under age 21:.02% Screening and assessment to determine the likely benefit from rehabilitation. Court may order person to participate and successfully complete one or more alcohol or drug education or treatment programs 1st: 6 mos.; 2nd or subsequent within 7 yrs.: 1 yr. (injuries or death-causing accidents heighten restrictions) 1st: $100-500 and/or up to 93 days jail and costs of prosecution and community service up to 45 days; 2nd within 7 yrs.: $200–1000 and 30-90 days community service and up to 1 yr. jail; 3rd within 10 yrs., felony: $500-5000 and either 1-5 yrs. jail or 30 days to 1 yr. probation with imprisonment and 60-180 days community service; Injuries or death-causing accident heightens penalties of all offenses

Table 9: Drunk Driving—Continued

State Code Section BAC Legal Limit Rehabilitation Required? Driver's License Suspension? Other Penalties
MINNESOTA 169A.20 et seq. .10% BAC within 2 hrs. of time of driving; commercial motor vehicle driver: .04% BAC within 2 hrs. of driving; under age 21: any amount Must submit to level of care recommended in mandatory chemical use assessment, at driver's expense. 1st: 30 days; 2nd within 10 yrs.: 180 days; 3rd within 10 yrs.: 1 yr.; 4th & subsequent: 2 yrs. 1st: misdemeanor; 2nd within 10 yrs.: gross misdemeanor, min. 30 days jail or 8 hrs. community service for each jail day served less than 30; 3rd within 10 yrs.: gross misdemeanor, min. 90 days jail or intensive supervision; 4th: 180 days jail or intensive supervision or up to 150 days home detention; 5th or subsequent: 1 yr. jail or intensive supervision
MISSISSIPPI 63-11-30 .08% BAC; under age 21.02% or more; commercial motor vehicle driver: .04% BAC Required alcohol safety education program 1st: 90 days and successful completion of program—max. 1 yr. (may petition for hardship after 30 days); 2nd: 2 yrs. (after 1 yr., can be reduced for successful completion of program); 3rd and subsequent: 5 yrs. (eligible for reinstatement after 3 yrs. and successful completion of program) 1st: $250-1000 and/or up to 48 hrs. jail; 2nd within 5 yrs.: $600-1500 and 5 days to 1 yr. jail and 10 days to 1 yr. community service; 3rd or subsequent within 5 yrs.: possible forfeiture of vehicle, $2000-5000, and 1-5 yrs. jail, felony
MISSOURI 577.010, 577.012, 020-049, 302.525, 302.505 .08% BAC; under age 21:.02% BAC or more Yes, court shall order participation and successful completion of alcohol or drug-related traffic offender education or rehab program which meets standards established by Dept. of Public Safety and Dept. of Mental Health and professional assessment Upon failure to submit to breath test (given a 15 day temporary permit) for 1 yr.; 1st: 30 days followed by 60 days restricted license; 2nd within 5 yrs.: 1 yr. 1st: Class B misdemeanor; 2nd within 10 yrs. ("prior offender"): Class A misdemeanor; 3rd within 10 yrs. ("persistent offender"): Class D felony, (min. 48 consecutive hrs. in jail or 10 days community service before sentence or parole); After 10 yrs. with no other alcohol-related offenses on record, can apply for expungement

Table 9: Drunk Driving—Continued

State Code Section BAC Legal Limit Rehabilitation Required? Driver's License Suspension? Other Penalties
MONTANA 61-5-205, 208; 61-8-406, 722, 61-8-410 .08% BAC; under age 21:.02% BAC or more; commercial motor vehicle driver: .04% BAC Defendant shall complete alcohol information course at alcohol treatment program approved by Dept. of Corrections & Human Services which may include alcohol or drug treatment or both if considered necessary by counselor conducting program 1st: 6 mos.; subsequent: 1 yr. (completion of alcohol information course or treatment must be completed before revocation ends) 1st: $300–1000 and up to 10 days in jail; 2nd: $600–1000 and 5–30 days jail; 3rd: $1000–5000 and 10 days–6 months jail (except for initial 5–10 days in jail, rest of jail time can be home arrest)
NEBRASKA 28-106; 60-6, 196, et seq.; 28-105 .08% BAC; under age 21:.02% BAC Presentence evaluation in alcohol assessment, paid for by person convicted; judge may order program based on results of assessment 1st: 6 mos. (if judge orders suspension of sentence or probation, 60 days from time of order); 2nd within 12 yrs.: 1 yr. (if judge orders suspension of sentence or probation, 1 yr. from time of order); 3rd or subsequent within 12 yrs.: 15 yrs. (if judge orders suspension of sentence or probation, 1 yr. from time of order) 1st: $400-500 and 7-60 days jail; 2nd within 12 yrs.: $500 and 30-90 days jail; 3rd within 12 yrs.: $600 and 3 mos.-1 yr. jail; 4th and subsequent: up to 5 yrs. imprisonment and/or up to $10.000 fine or both
NEVADA 484.379, et seq. .08% BAC within 2 hrs. after driving or being in actual physical control of vehicle 1st: must pay for and complete educational course on alcohol and substance abuse; 2nd within 7 yrs.: may order to undergo program of treatment for alcoholism or drug abuse (for 1st and 2nd violation: person may apply to undergo 1 yr. program for alcoholism and drug abuse if he's classified by counselor or physician as drug abuser or alcoholic) Revoked if BAC is greater than .08% 1st: $400-1000 and 2 days to 6 mos. jail or 48–96 hrs. community service (dressed in "distinctive garb"); 2nd within 7 yrs.: $750-1000 and 10 days to 6 mos. jail and 100-200 hrs. community service; 3rd or subsequent within 7 yrs.: category B felony, $2000-5000 and 1-6 yrs. jail; in addition to any penalty, civil penalty of $35 paid to court

Table 9: Drunk Driving—Continued

State Code Section BAC Legal Limit Rehabilitation Required? Driver's License Suspension? Other Penalties
NEW HAMPSHIRE 263:65-a; 265.82 et seq. .08% BAC; under age 21:.02% or more Yes, Impaired Driver Intervention Program; must successfully complete to get license back; must be approved by the commissioner of the Department of Health and Human Services and the commissioner of Safety 1st: 9 months to 2 yrs.; 2nd within 7 yrs.: 3 yrs.; 3rd within 7 yrs.: indefinite, min. 5 yrs.; 4th or subsequent: indefinite, min. 7 yrs. 1st: $350; 2nd within 7 yrs.: $500 and 10 days (3 in city jail and 7 in DWI offender intervention detention center); 3rd within 7 yrs.: $500 and 30 days jail and 28 day treatment program. (Stiffer penalties for transporting person under 16 yrs. old, speeding 30 mph over limit, or accident resulting in serious bodily injury)
NEW JERSEY 39:4-50; 39:4-50.14 .08% BAC; under age 21:.01% or more Screening, evaluation, referral program, and fee requirements of Div. of Alcoholism's Intoxicated Driving Programs Unit and 12-48 hrs. in two consecutive days in Intoxicated Driver Resource Center and a program of alcohol education and highway safety as proscribed by director of Div. of Motor Vehicles 1st: 3 months–1 yr.; 2nd: 2 yrs.; 3rd: 10 yrs. (if driver is under 17 yrs. old, period of revocation begins at 17th birthday) 1st: $250-400 and up to 30 days jail and 12-48 hrs. in Intoxicated Driver Resource Center; 2nd: $500-1000, 30 days community service, and 48 hrs. to 90 days jail; 3rd: $1000 and min. 180 days jail; up to 90 days of jail can be exchanged for community service (those who are underage for drinking and found DWI are subject to stiffer penalties)
NEW MEXICO 66-5-29; 66-8-102; 66-8-112 .08% BAC; under age 21: .02% BAC; commercial motor vehicle driver: .04% May be required by court to enroll in screening program to determine level of abuse and recommendation of treatment, if necessary; must complete any recommended treatment program required by court; 1st offense: must attend driver rehab program for alcohol or drugs, a "DWI school," and any other rehab programs the court finds necessary 1 yr. (on 1st offense suspension can be avoided by attending driver rehab program) 1st: $300-500 and/or up to 90 days jail and min. 48 hrs. of community service; 2nd: $500 and/or up to 1 yr. jail and min. 48 hrs. of community service; 3rd: $750 and min. 30 days-1 yr. jail; 4th: 4th degree felony—min. 6 mos. jail (penalties more severe for BAC over .16% and accident causing bodily injury)

Table 9: Drunk Driving—Continued

State Code Section BAC Legal Limit Rehabilitation Required? Driver's License Suspension? Other Penalties
NEW YORK Veh. & Traf. 1192, 1193 et seq.; 1192-a .08% BAC; commercial motor vehicle drivers: .04%; under age 21:.02% Court may require attendance at single session of "victims impact program" 1st: 90 days; 2nd within 5yrs.: 6 mos.; 3rd within 10 yrs: 6 mos. 1st: $300-500 and/or up to 15 days jail; 2nd within 5 yrs.: $500-750 and/or 30 days jail; 3rd or more within 10 yrs.: misdemeanor, $750-1500 fine, and/or up to 180 days jail
NORTH CAROLINA 20-138.1, et seq., 179 .08% BAC at any relevant time after the driving; commercial motor vehicle driver: .04%; under age 21: no amount of alcohol Assessment may be required for alcoholism and substance abuse and appropriate treatment if necessary in program approved by Dept. of Human Res. Level 5: 30 days; level 4: 60 days; level 3: 90 days Court assesses the following levels of penalties based upon a list of grossly aggravating, aggravating and mitigating factors: level 5: 24 hrs. jail, 24 hrs. community service, and $200 fine; level 4: 48 hrs. jail, 48 hrs. community service, and $500 fine; level 3: 72 hrs. jail, 72 hrs. community service, and $1000; level 2: up to $2000 fine, 7 days-12 mos. jail; level 1: up to $4000 fine, 30 days-24 mos. jail. Level 1 and 2 reserved for grossly aggravating factors only (such as prior convictions, serious injury, driving with child under 16 yrs. old)
NORTH DAKOTA 39-06.1-10; 39-08-01 .08% BAC at time of test given within 2 hrs. of driving Order for addiction evaluation by appropriate licensed addiction treatment program with appropriate treatment if necessary 1st: 90 days; 2nd within 5 yrs.: 1 yr.; 3rd within 5 yrs.: 2 yrs. 1st: Class B misdemeanor, min. $250; 2nd within 5 yrs.: Class B misdemeanor, min. $500 and min. 5 days jail or 30 days community service; 3rd within 5 yrs.: Class A misdemeanor, $1000 and min. 60 days jail; 4th within 7 yrs.: Class A misdemeanor, $1000 and 180 days jail; 5th or subsequent within 7 yrs: class C felony, $1000 and 180 days jail

Table 9: Drunk Driving—Continued

State Code Section BAC Legal Limit Rehabilitation Required? Driver's License Suspension? Other Penalties
OHIO Tit. 37 3793.10; Tit. 45 4511.19; 4511.99; 4510.02; 4510.021 .08% BAC (.02% BAC if under 21 yrs. old) 1st: Driver's Intervention Program (as 1 yr. alternative to jail sentence); rehab may be required in sentences; 4th or more: required attendance at alcohol and drug addiction program 1st: 6 mos. to 3 yrs.; 2nd within 6 yrs.: 1-5 yrs.; 3rd within 6 yrs.: 2-10 yrs.; 4th within 6 yrs.: min. 3 yrs.-permanent. 1st: 1st degree misdemeanor, $250-1000 and 3 days or longer jail; 2nd within 6 yrs.: 1st degree misdemeanor, $350-1500, 10 days or longer jail (part of term may be on house arrest or allow work release); 3rd within 6 yrs.: $550-2500 and 30 days to 1 yr. jail (part of term may be on house arrest or allow work release); 4th or subsequent: 60 days-1yr. jail, $800-10,000 fine
OKLAHOMA Tit. 47 §§6-205.1, 11-902 .08% BAC at time of test given within 2 hrs. after arrest Referred to Dept. of Mental Health and Substance Abuse Services' alcoholism evaluation facility for evaluation and substance abuse course 1st: 180 days; 2nd within 5 yrs.: 1 yr.; 3rd within 5 yrs.: 3 yrs. 1st: up to $1000 and 10 days to 1 yr. jail; 2nd within 10 yrs.: up to $2500 and 1-5 yrs. jail, felony conviction; 3rd within 10 yrs.: up to $5000, 1–7 yrs. jail, felony conviction; 4th or subsequent: up to $5000, 1–10 yrs. jail, felony conviction
OREGON 161.615, et seq.; 813.010, et seq.; 809.420 .08% BAC (any amount for persons under 21 yrs. of age) Mandatory complete exam by court pproved agency/organization to determine whether individual has a problem condition involving alcohol or controlled substances; complete a treatment program if exam shows it necessary; if none necessary, then complete alcohol and drug information program. 1st: 1 yr.; 2nd or subsequent within 5 yrs.: 3 yrs. 1st: Class A misdemeanor, minimum $1000, up to 1 yr. jail, fees for programs; 2nd: minimum $1500, up to 1 yr. jail, fees for programs; 3rd or subsequent: minimum $2000, up to 1 yr. jail, fees for programs; 4th or subsequent: Class C felony, up to 5 yrs. jail.

Table 9: Drunk Driving—Continued

State Code Section BAC Legal Limit Rehabilitation Required? Driver's License Suspension? Other Penalties
PENNSYLVANIA Tit. 75 1548; 1532; 3731; 3802 et seq. .08% BAC within 2 hrs. of driving or actual physical control of vehicle; under age 21: .02% BAC within 2 hrs. of driving or actual physical control of any vehicle Evaluation to determine extent of person's involvement with alcohol or controlled substances using Court Reporting Network instruments (may order treatment if necessary) and mandatory attendance in approved alcohol highway safety school 1 month (of part of Accelerated Rehabilitation Disposition) to 12 mos. 1st: up to 6 months probation, $300, misdemeanor; 2nd: 5 days–6 months jail, $300–2500; 3rd or subsequent: misdemeanor in 2nd degree, 10 days–2 yrs. jail, $500–5000; Note: Sentencing and fines higher for minors and commercial drivers, and judge may impose up to 150 hrs. community service in addition to above penalties
RHODE ISLAND 31-27-2 .08% BAC Attendance required at special course on DWI or under the influence of controlled substance and/or alcoholic or drug treatment for individual 1st: 1-6 mos.; 2nd: 1-2 yrs.; 3rd within 5 yrs.: 2-3 yrs. 1st: $100-300 and 10-60 hrs. community service and/or up to 1 yr. jail; 2nd within 5 yrs.: $400 and 10 days to 1 yr. jail; 3rd or subsequent within 5 yrs.: $400, 1–3 yrs. jail, may have car seized and sold by State of Rhode Island and proceeds going to general fund. Note: anyone convicted under this section pays highway assessment fine of $500. Different penalties for those under 18 yrs. of age.
SOUTH CAROLINA 56-5-2930, et seq. "Under influence of intoxicating substances—liquor or drugs"; .08% BAC Evaluation and successful completion of Alcohol and Drug Safety Action Program certified by South Carolina Commission on Alcohol and Drug Abuse prior to reinstatement of license 1st: 6 mos.; 2nd: 1 yr.; 3rd: 2 yrs.; 4th: permanent 1st: $400 and 48 hrs. to 30 days jail or 48 hrs. public service; 2nd: $2000-5100 and 5 days to 1 yr. jail or min. 30 days public service; 3rd within 10 yrs.: $3800-6300 and 60 days to 3 yrs. jail; 4th and subsequent: 1-5 yrs. jail
SOUTH DAKOTA 32-23-1, et seq.; 22-6-1; 22-6-2 .08% BAC or "under the influence"; under age 21:.02% BAC 1st: required if .17% BAC; court-ordered evaluation to determine if addicted to alcohol 1st: min. 30 days to 1 yr.; 2nd: min. 1 yr.; 3rd: min. 1 yr.; 4th: min. 2 yrs. 1st: Class 1 misdemeanor, $1000 and/or 1 yr. jail; 2nd within 5 yrs.: $1000 and/or 1 yr. jail; 3rd within 5 yrs.: Class 6 felony, $2000 and/or 2 yrs. jail; 4th: Class 5 felony, 5 yrs. jail and may impose fine of $5000

Table 9: Drunk Driving—Continued

State Code Section BAC Legal Limit Rehabilitation Required? Driver's License Suspension? Other Penalties
TENNESSEE 55-10-401, 403 "Under the influence" .08% BAC 2nd offense: may be required to participate in court-approved inpatient alcohol and drug treatment program, up to 28 days 1st: 1 yr.; 2nd: 2 yrs.; 3rd: 3-10 yrs.; 4th or subsequent: 5 yrs. 1st: $350-1500 and 48 hrs. to 11 mos. 29 days jail or 200 hrs. of public service; 2nd within 10 yrs.: $600-3500 and 45 days to 11 mos. 29 days jail; 3rd and subsequent: $1100-10,000 and 120 days to 11 mos. 29 days jail; 4th or subsequent: $3000-15,000, class E felony, min. 150 days jail. Note: there are more serious penalties for multiple offenders (within 10 yrs.), serious bodily injury, or minor offenders.
TEXAS Tex. Codes Ann.-Penal 49.04, 49.09, 12.21, 12.22, 12.34; Tex. Stat. Ann. Art. 42.12; 49.01 .08% BAC     1st: Class B misdemeanor, $2000 and/or 72 hrs.-180 days jail; 2nd within 10 yrs.: Class A misdemeanor, $4000 and/or 15 days-1 yr. jail; 3rd within 10 yrs.: 3rd degree felony, 2-10 yrs. jail, and max. $10,000 fine; court may order community supervision
UTAH 41-6-44 .08% BAC within 2 hrs. of operation or physical control 1st: assessment and educational series at a licensed alcohol dependency rehab facility (court may order treatment if person has problem); 2nd: same as above (treatment at court's discretion); 3rd and subsequent: same as above (treatment at alcohol rehab facility is mandatory) 1st: 90 days; subsequent within 6 yrs. of prior conviction: 1 yr. 1st: Class B misdemeanor (Class A if bodily injury involved or child under 16 yrs. old is passenger), minimum $750 and min. 48 hrs. jail or min. 24 hrs. community service; 2nd within 6 yrs.: minimum $800 and min. 240 hrs. jail or min. 240 hrs. community service; 3rd or subsequent within 6 yrs.: 3rd degree felony, minimum $1500, 1500 hours jail
VERMONT Title 23 1201, et seq. .08% BAC; under age 21:.02% BAC 1st: alcohol assessment screening-therapy program or driver rehab if necessary at court's discretion; 2nd: completion or substantial progress in completing therapy program 1st: 90 days; 2nd: 18 months; 3rd or subsequent: life 1st: max. $750 and/or up to 2 yrs. jail; 2nd: up to $1500 and/or 48 hrs. to 2 yrs. jail and 200 hrs. community service; 3rd: up to $2500 and/or up to 5 yrs. jail, and 400 hrs. community service. Note that serious injury or death carries harsher penalties.

Table 9: Drunk Driving—Continued

State Code Section BAC Legal Limit Rehabilitation Required? Driver's License Suspension? Other Penalties
VIRGINIA 18.2-266, et seq. .08% BAC; under age 21:.02% BAC Alcohol Safety Action Program certified by commission on the VA Alcohol Safety Action Program (VASP) for 1st or 2nd offense at court's discretion 1st: 1 yr.; 2nd within 10 yrs.: 3 yrs.; 3rd within 10 yrs.: 3 yrs. 1st: Class 1 misdemeanor: 2nd within 5-10 yrs.: $200-2500 and 1 mo. to 1 yr. jail; 3rd or subsequent: minimum $1000, and minimum 1 yr. jail for 4th or subsequent, Class 6 felony. Note: harsher penalties for minors with BAC .02-.10% or those transporting minor under 17 yrs. old.
WASHINGTON 46.61.502 et seq. .08% BAC within 2 hrs. of driving; under age 21: .02% BAC within 2 hrs. of driving A diagnostic evaluation and treatment recommendation by alcoholism agency approved by Dept. of Social & Health Services and completion of alcohol information course 1st: 90 days; 2nd within 3 yrs.: 2 yrs. and subject to vehicle seizure and forfeiture; 3rd or subsequent: 3 yrs. Note: longer suspension period for higher BAC (over .15%) 1st: Gross misdemeanor, $350-5000 and 24 hrs. to 1 yr. jail; 2nd within 7 yrs.: $500–$5000 and 30 days–1 yr. jail and 60 days electronic home monitoring at offender's cost; 3rd or subsequent within 7 yrs.: $1000–$5000 and 90 days–1 yr. jail and 120 days electronic home monitoring at offender's cost. Higher BAC (above .15%) or refusal to take test results in harsher penalties
WEST VIRGINIA 17C-5-2 et seq. .08% BAC; under age 21:.02% BAC Yes, an approved educational and treatment program 1st: min. 6 mos.; 2nd: 10 yrs.; 3rd within 10 yrs.: life 1st: $100-500 and 1 day to 6 mos. jail; 2nd: $1000-3000 and/or 6 mos. to 1 yr. jail; 3rd: $3000-5000 and/or 1-3 yrs. jail, felony. Bodily injury, death, or .02-.10% BAC for minors results in harsher penalties
WISCONSIN 343.30 et seq.; 346.63 et seq., 340.01 .08% BAC; under age 21: 0.0% BAC; commercial motor vehicle driver: .04% BAC Assessment by approved public treatment facility for examining person's use of alcohol or drugs and for developing a driver safety plan for the person 1st: 6-9 mos.; 2nd within 5 yrs.: 1 yr. to 18 mos., court may order motor vehicle to be seized; 3rd or more within 10 yrs.: 2-3 yrs. 1st: $150-300; 2nd within 5 yrs.: $350-1100 and 5 days to 6 mos. jail; 3rd within 10 yrs.: $600-2000 and 30 days to 1 yr. jail; 4th within 10 yrs.: $600-2000 and 60 days to 1 yr. jail; 5th within 10 yrs.: $600-2000 and 6 mos. to 5 yrs. jail. May do community service in lieu of all or part of fine

Table 9: Drunk Driving—Continued

State Code Section BAC Legal Limit Rehabilitation Required? Driver's License Suspension? Other Penalties
WYOMING 31-5-233; 31-7-127, 128; 31-5-234 .08% BAC (.05-.08% no presumption but may be used as evidence); under age 21: .02% BAC Suspension of imprisonment or parole based on pursuit of alcohol education and treatment program prescribed by judge 1st: 90 days; 2nd within 5 yrs.: 1 yr. (vehicle registration also suspended by the state) 3rd conviction within 5 yrs.: 3 yrs. 1st: misdemeanor, up to $750 and/or up to 6 mos. jail; 2nd within 5 yrs.: $200-750 and 7 days to 6 mos. jail; 3rd or subsequent: 1-6 mos. and $750-3000. Harsher penalties for serious bodily injury
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